IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.35514 of 2010
BUTAN MANDAL
Versus
STATE OF BIHAR
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2 18.11.2010 Heard learned counsel for the petitioner as well
as learned counsel for the state.
Allegedly, the petitioner and other FIR named
accused persons put Gamchha around the neck of one,
Kailu Mandal and pulled the said Gamchha with intention to
kill him. Furthermore, it is alleged that petitioner made firing
in air.
Learned counsel for the petitioner submits that
the instant case has been lodged on account of land dispute
and as a matter of fact, no such occurrence as alleged in the
FIR did ever take place. He further submits that no doubt,
the injured sustained grievous injury on his neck but as a
matter of fact , the aforesaid injury report is manufactured
and engineered by the doctor concerned. In this connection,
he drew my attention towards this fact that the injured
examined on 27.7.2008 but the injury report was written on
02.08.2008. Perusal of injury report (Annexure-2) reveals
that injured Kailu Mandal has received multiple bruise and
swelling (3″ x 3″) over the ant part of the neck due to
throttling of the neck leading to dysponoea (difficulty in
breathing). The doctor has opined that the above said injury
2
is grievous in nature but I am unable to understand as to
how the aforesaid doctor came to the above-said
conclusion. Admittedly, the aforesaid doctor is Medical
Officer of Primary Health Centre, Bhargama but he did not
take pain to refer the aforesaid patient for better treatment.
Considering the aforesaid facts and
circumstances, this anticipatory bail petition is allowed. In
the event of arrest/surrender within 30 days from receipt of
the order, the petitioner, Butan Mandal shall be released on
bail on furnishing bail bond of Rs 10,000/- (ten thousand)
with two sureties of the like amount each in connection with
Bhargama P.S. Case No. 89 of 2008 to the satisfaction of
Chief Judicial Magistrate Araria subject to condition as laid
down u/S 438(2) of the Cr.P.C,
AKV/- ( Hemant Kumar Srivastava,J.)